Disability compensation to an employee vs. concealment of facts by employee

Disability compensation to an employee vs. concealment of facts by employee

A legal officer of an organisation raises a question whether an employee, who is noticed for abnormal behavior from some days, is entitled to claim any compensation for disability under any provisions of law, or his company is liable to pay any disability compensation, or the company can take some action against the employee to protect interest of the organisation. The legal officer further stated that his wife confirmed about his suffering from some behavioural problem from last several years, which the employee had concealed from them. He further stated that they had spoken to his doctor, who also confirmed the same and suggested to increase the dosage of the medicines.

According to one reply, the employee should be treated to be guilty of concealing his ailment.

But, the answer being without knowing some backgrounds, the following vital questions do arise in regard to the employee-employer relations pertaining to the health issues of the employee:

1) Did the employer during his interview before offering appointment asked him to apprise him about his past ailment?

2) Is it possible for the employee, without asking, to always remember and duty bound to narrate like a parrot the a2z history from his birth during his short but arduous nature of interview for the post?

3) Is it not the employer, himself, watch his own interest before offering employment to any candidate?

4) Did the employer ask the employee to produce his medical fitness from some appointed medical practitioner in the panel of the organisation?

5) Is not the liability of the employer to look in to the well being of his employee’s health once he is appointed?

6) Cannot the ill-treatment of management, co-workers, unhealthy working conditions and environments in office or factory, etc., become the cause of abnormal behviour of the employee?

7) Can the employee not lose his temper, if the management is partial and irrational towards the employee and denies the genuine and rightful claims of the employee pertaining to his service?

8) Is not it the duty of the employer to review working environments, motivational factors of his own workplaces?

9) Does the remedy always lie in creating legal complications in near normal conditions in the absence of replies to the above (1 to 8) issues.

Respected members may therefore like to offer their views on the above mentioned scenario with particular reference to whether the case may be considered as concealment of fact about his ailment by the employee.